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(영문) 대전지방법원 2016.04.08 2016고단34
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2015, at around 04:10 on December 9, 2015, the Defendant: (a) reported that the victim’s Esing practice room run in Daejeon Sung-gu is going beyond five times; (b) female-friendly job placement F was added to the victim’s door, which was located in the said space, to the 600,000 won of the market price. The Defendant damaged the victim’s property by cutting the 1stm of the victim’s interest, which is equivalent to 70,000 won of the market price, to the end, and by cutting the 1st,000,000 won of the market price into the floor.

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. On December 9, 2015, the Defendant interfered with the performance of official duties: (a) the victim H, etc., who is a public official belonging to the police station G District Station G District police station G District, arrested the Defendant as a flagrant offender committing the same crime as that described in paragraph (1) and let him/her board the I patrol vehicle; and (b) during his/her movement, he/she was traveling to the said victim, who was in motion.

“Spits or spits made the victim take advantage of the victim, thereby obstructing the legitimate performance of duties of police officers in relation to the taking-over and escort of the suspect.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement made to D and H in each protocol;

1. Application of the statutes governing written estimates;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for each crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for the sentencing of Article 62-2 of the Criminal Code for the protection and observation of protection and the community service order are crimes 1 (Interference with the performance of official duties) [the scope of recommendations] obstructing the performance of official duties, and the scope of assault, intimidation, and deceptive scheme (a person with a special mitigation) in the mitigation area (i.e., January to August).

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